Again, this is not to criticize the regulation, but the regulation currently requires the consent of both parties. It seems that most often consent is established only once a dispute arises.
Typically, here's the way the construct works. There is an existing dispute for a contract and one of the parties—typically the supplier—approaches the ombudsman's office. The ombudsman takes that complaint and maps it against the regulation. If it's in compliance with the regulation, the office seeks consent from the other party. If the other party consents, an attempt at facilitation or shuttle diplomacy is used. If shuttle diplomacy isn't effective, ultimately mediation would be the final step. Again, it is all consensual.
At that point in time, if the parties can't agree, the process has failed, but I will say that of the 25 times where it has gone to ADR through the regulation, in 23 of the 25 times it has been successfully resolved, through either facilitation or mediation.